Feature Article: The Financial Obligations of Child Support When You Don't See Your Kids

Introduction

When a couple separates or divorces, courts often mandate one parent to financially support their children through child support. The financial support of the non-custodial parent is required to ensure the wellbeing of the children involved. However, one of the consequences of separation/divorce may mean that a parent may not be able to see their children. This begs a question: can you stop paying child support if you don't see your kids?

The Financial Obligation to Child Support

In most cases, the answer to the above question is a resounding no. The obligation of child support does not change just because the non-custodial parent cannot visit their children. The court has an obligation to ensure the children receive the financial support they need regardless of visitation rights. Child support payments are calculated by different factors, including the income of both parents and the time allocation of each parent's visitation rights. It is important to note that violating a child support order can have severe consequences. Legal repercussions and financial penalties are some of the consequences of failing to pay required child support.

Understanding Visitation Rights and Child Support Obligations

Child support and visitation rights are two different issues, but they can be interdependent. Although child support and visitation rights may seem unrelated, a non-custodial parent's financial obligation remains intact, whether or not a parent has visitation rights. Therefore, it is important to note that a non-custodial parent cannot stop paying child support even if they do not receive visitation rights. If a non-custodial parent wishes to stop paying child support, they must go to court and request a modification of the child support order based on their changed circumstances, such as a job loss or health-related issues. This would allow for a new calculation of child support based on the non-custodial parent's current financial situation.

The Consequences of Failing to Pay Child Support

There are severe consequences for failing to pay child support. Courts can issue a warrant for the arrest of a non-custodial parent who fails to make child support payments. An active child support balance can result in the suspension of driving and other licenses. The person's name can also show up on a public list of parents delinquent in child support payments.

Seek Legal Advice

If a non-custodial parent finds themselves unable to make child support payments due to changing circumstances such as loss of employment, they should enlist the help of a legal representative and petition the court for child support modification. In cases where a non-custodial parent cannot see their children for various reasons, they should seek legal advice before failing to pay child support. Courts expect parents to fulfill their financial obligations regardless of visitation or custody rights. Non-custodial parents that have difficulty paying child support find more success when they communicate with their custodial parent to create a payment plan or seek the advice of legal counsel.

The Bottom Line

Child support is akin to a financial responsibility that a non-custodial parent has towards their offspring. Regardless of the visitation rights or custody of the non-custodial parent, the financial obligations will remain unless a petition is made in court to modify the child support order. Non-custodial parents should be aware of the serious consequences for failing to meet their child support obligations. In all cases, it is best to find legal counsel when facing difficulties in child support payments. Child Support-Parental